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International Legal Theory: Foundations and Frontiers

ISBN13: 9781108448024
Published: August 2022
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback
Price: £26.99

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Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.

Part I. Introduction: Setting the stage:
1. International legal theory foundations and frontiers
Jeffrey L. Dunoff and Mark A. Pollack
Part II. Traditional approaches to international law:
2. Natural law current contributions of the natural law tradition to international law
Andreas Follesdal
3. International legal positivism
Jean d'Aspremont
4. Legal realism and international law
Gregory Shaffer
5. Transnational legal process and the “new” new haven school
Harold Hongju Koh
Part III. Critical approaches to international law:
6. Critical international legal theory
Fleur Johns
7. The agenda of third world approaches to international law
James Gathii
8. Feminist approaches to international law
Karen Engle, Vasuki Nesiah, and Dianne Otto
Part IV. Post-cold war approaches to international law:
9. Global administrative law
Lorenzo Casini
10. Constitutionalism as theory
Jan Klabbers
11. Global legal pluralism
Nico Krisch
Part V. Interdisciplinary approaches to international law:
12. Rationalist and behavior list approaches to international law
Anne van Aaken
13. The sociological perspective on international law
Moshe Hirsch
14. The practice of interpretation in international law strategies of critique
Ingo Venzke
Part VI. International law: dialogue and dialectic:
15. Reflections on international legal theory and practice a conversation with Georges Abi-Saab
Georges Abi-Saab
16. Theory and practice two sides of the same coin
Laurence Boisson de Chazournes
17. International legal theory a dialogic conclusion
Joseph H. H. Weiler